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Gee v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 920 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Judgment unanimously affirmed without costs.

Present — Pine, J.P., Lawton, Doerr, Boehm and Fallon, JJ.


We conclude that respondent's determination has a rational basis and is supported by substantial evidence ( see, Matter of Cowan v Kern, 41 NY2d 591, 599, rearg denied 42 NY2d 910; Matter of Fuhst v Foley, 45 NY2d 441, 444; Matter of Baader v Town of Aurelius Zoning Bd. of Appeals, 184 AD2d 1045). Thus, we need not determine whether respondent improperly interpreted the term "place of public assembly" found in section 1202.1-7 of the Zoning Law of the Town of North Dansville. (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J. — CPLR art 78.)


Summaries of

Gee v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 920 (N.Y. App. Div. 1997)
Case details for

Gee v. Zoning Board of Appeals

Case Details

Full title:In the Matter of ENOS R. GEE, Appellant, v. ZONING BOARD OF APPEALS OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 14, 1997

Citations

237 A.D.2d 920 (N.Y. App. Div. 1997)
656 N.Y.S.2d 1009